Allahabad Court September 2008 Judgments
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State of U.P. Through the Secretary, Dairy Development and Milk Commis ...
Court: Allahabad
Decided on: Sep-11-2008
Reported in: 2009(1)AWC632; [2008(119)FLR1144]
S. Rafat Alam and Sudhir Agarwal, JJ.1. Heard Sri Yogendra Kumar Yadav, learned Standing Counsel appearing for the appellants and Sri V.K. Singh, learned Senior Counsel assisted by Sri S. Shekhar, learned Counsel for the respondent.2. Respondent was retired compulsorily by order dated 30.3.1990 where against he preferred Civil Misc. Writ Petition No. 9908 of 1990, which was allowed by the Hon'ble Single Judge vide judgment dated 17.9.1996 and aggrieved thereto the State has preferred this appeal, under the rules of the Court.3. Learned Standing Counsel submitted that there was adverse entry against the petitioner-respondent for the year 1986-87, which was duly communicated and thereafter the same was placed along with other A.C.R. before the screening committee constituted pursuant to the G.O. Dated 26.10.1985. The screening committee after considering the above material in its meeting dated 23.3.1990, recommended compulsory retirement of the petitioner along with some others. The comp...
Commissioner of Central Excise Vs. State Bank of India
Court: Allahabad
Decided on: Sep-11-2008
Reported in: 2009[14]STR148
ORDER1. For delay in depositing service tax by the respondent-State Bank of India, Assi Branch, Bhaidaini, Varanasi, a penalty of Rs. 11,179/- was imposed which was reduced by the Commissioner (Appeals) to Rs. 5,000/-, which has been upheld by the Tribunal. The revenue has preferred the appeal against the order of the Tribunal dated 20-12-2007. As the revenue effect is only Rs. 600/- (sic) (Rs. 6,000) and odd, the Court is not inclined to entertain the appeal, which is accordingly dismissed.2. Shri S.K. Mishra, learned Counsel appearing for the Revenue is present.3. Even otherwise, we find under Section 80 of the Finance Act upon establishing a reasonable cause for the said failure to deposit service tax within stipulated period, the penalty can be waived. This is an additional ground for not entertaining the appeal....
Commissioner of Central Excise Vs. Punjab National Bank
Court: Allahabad
Decided on: Sep-11-2008
Reported in: [2009]21STT332
ORDER1. For delay in depositing service tax by the respondent - State Bank of India Assi Branch, Bhaidaini, Varanasi, a penalty of Rs. 4,897 was imposed which was reduced by the Commissioner (Appeals) to Rs. 2,000, which has been upheld by the Tribunal. The revenue has preferred the appeal against the order of the Tribunal dated 20-12-2007. As the revenue effect is only Rs. 600 and odd, the Court is not inclined to entertain the appeal, which is accordingly dismissed.2. Shri S.K. Mishra, learned Counsel appearing for the revenue is present. Even otherwise, we find under Section 80 of the Finance Act upon establishing, a reasonable cause for the said failure to deposit service tax within stipulated period, the penalty can be waived. This is an additional ground for not entertaining the appeal....
Mahavir Singh S/O Shri Lakhan Singh Vs. State of Uttar Pradesh,
Court: Allahabad
Decided on: Sep-10-2008
Reported in: 2009(1)AWC694
Shishir Kumar, J.1. This writ petition has been filed in the nature of certiorari quashing the impugned order dated 30.7.1996 passed in Appeal No. 4 of 1995-96.2. The facts arising out of the present writ petition are that a notice under Section 10(2) of U.P. Imposition of Ceiling on Land Holding Act was issued to petitioner Mahavir Singh. In view of the aforesaid notice, an area of 16.57 acres was proposed as surplus. An objection was filed on behalf of petitioner claiming therein that his son is major, as such, he is entitled for two additional hectares of surplus land. It was also alleged in the objection filed on behalf of petitioner that petitioner has transferred the land and the transferees are in actual physical possession of the land in dispute. The prescribed authority vide its order dated 30.6.1976 confirmed the notice and declared the land mentioned in the notice under Section 10(2) of the Act. Aggrieved by the aforesaid order, petitioner filed an appeal under Section 13 of...
Nawal Khan S/O Sher Khan Vs. Motor Accident Claims Tribunal/Additional ...
Court: Allahabad
Decided on: Sep-10-2008
Reported in: 2009(1)AWC183
Tarun Agarwala, J.1. Heard Ms. Anita Srivastava, the learned Counsel for the petitioner and Shri Parmatma Rai, the learned Counsel for the Insurance Company (respondent No. 3) and the learned Standing counsel for the respondent No. 1.2. Since no factual controversy is involved, the writ petition is disposed of at the admission stage itself without issuing notice to respondent Nos. 2, 4, 5 and 6, who are the owners of the vehicle. It transpires that the petitioner sustained grievous injury in a road accident in the year 1993 on account of rash and negligent driving by the driver of the vehicle. As a result of this accident, the petitioner sustained fracture of three ribs, the collar bone and injuries on his face and head. The petitioner filed a claim application before the Motor Accident Claims Tribunal, in which an Award dated 30th April, 2002 was passed awarding a sum of Rs. 70,000.00 as. compensation along with the interest at the rate of 9% per annum from the date of the incident. T...
Salil Srivastava Vs. Addl. District Judge and ors.
Court: Allahabad
Decided on: Sep-09-2008
Reported in: 2008(4)AWC3910
V.K. Shukla, J.1. Petitioner who is practising advocate has filed present writ petition for quashing of the order dated 19.8.2008, passed by Special Judge E.C. Act, Allahabad striking off defence of the petitioner in exercise of authority vested under Order XV, Rule 5 of Code of Civil Procedure and further prayer has been made for deciding various applications moved on behalf of the petitioner and for framing issue in suit.2. Brief background of the case as is reflected from the writ petition that petitioner is tenant of respondents No. 2 and 3 for-the rent of Rs. 1,800 per month since October, 2001. Petitioner has stated that landlord was interested in increasing rent and to evict the petitioner, in this background he was constrained to file Suit No. 729 of 2003. Petitioner has contended that as counter blast to the said proceedings notice dated 28.11.2003 was sent terminating his tenancy. Petitioner has stated that he filed detailed reply and then Eviction suit was not filed after ex...
Smt. Kalawati W/O Prem Singh and Smt. Bhagwati W/O Munshi Lal Vs. Iind ...
Court: Allahabad
Decided on: Sep-09-2008
Reported in: 2009(1)AWC476
S.U. Khan, J.1. Heard learned Counsel for the petitioner.2. In spite of sufficient service, no one has appeared for respondent No. 2 the only contesting respondent. Petitioner filed O.S. No. 288 of 1985 against defendant respondent No. 2. The suit was for cancellation of a sale deed and a will deed alleged by the defendants to have been executed by one Januka. Petitioners claimed themselves to be heirs of Smt. Januka. The trial court decided the question of maintainability of the suit before the Civil Court in favour of the plaintiff.3. The revisional court held that as the allegation in the plaint was that sale deed and will deed were void, hence civil court has got no jurisdiction. Accordingly, revisional court allowed the revision and held that the suit is cognizable by revenue court and not by civil court. The said order was passed by II A.D.J., Saharanpur on 07.02.1989, which has been challenged through this writ petition.4. Neither copy of the plaint nor of order of the trial cou...
777 Safiqul Rahman Son of Sri Abdul Rahman Presently Posted as Constab ...
Court: Allahabad
Decided on: Sep-09-2008
Reported in: 2009(1)AWC627; [2008(119)FLR1108]
Tarun Agarwala, J.1. An advertisement was issued in the year 2004 inviting applications for appointment on the post of Constable. The petitioner applied and was selected and thereafter was sent for training. Upon completion of his training, the petitioner was posted as a Constable in the 4th Battalion P.A.C. at Allahabad and rendered two years of service. It transpires that the respondents took a decision to re-examine all the records, on the basis of which, the petitioner was medically re-examined in which it was found that he was colour blind and was unable to distinguish between red and green colour. On the basis of this medical report, the authorities passed the impugned order dated 27.7.2007 dispensing his services by invoking the provisions of U.P. Temporary Government Servant (Termination of Service) Rules, 1975, The petitioner, being aggrieved by the said order, has filed the present writ petition.2. Heard Sri C.B. Yadav, the learned Counsel for the petitioner, Sri Ghanshyam Dw...
Atam Prakash Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-08-2008
Reported in: 2008(4)AWC3744; [2008(119)FLR404]
Sunil Ambwani and R.M. Chauhan, JJ.1. Heard learned Counsel for the petitioner. Sri K.N. Misra appears for respondent-bank.2. Shri Atam Prakash, the petitioner was appointed as Asstt. Field Officer in U.P. Sahkari Gram Vikas Bank Ltd. in 1990. He was appointed as District/Senior Manager in the year 1995. In the period between 29.8.1998 to 2.11.1999 he was posted as District/Senior Manager, Pilibhit of the bank. The petitioner was promoted as Regional/Asstt. General Manager in March, 2000 in Kumayun Region and was thereafter transferred to Gorakhpur region.3. A charge-sheet was served upon the petitioner on 16.1.2002 relevant to his posting in Kumayun region as well as Gorakhpur region. The charges related to failure to hold an enquiry on the complaint made by one Shri Shyam Lal, forwarded to the petitioner with endorsement of the Chief Minister of the State; failure to hold an enquiry in respect of complaints of 25 persons and acting negligently in distributing the loans; failure to ma...
Vishwa Bharti Arya Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-08-2008
Reported in: 2008(4)AWC3739
Sunil Ambwani and R.M. Chauhan, JJ.1. Heard Shri H.R. Misra, senior advocate assisted by Shri K.M. Misra for the petitioner. Sri K.N. Misra appears for respondent-bank.2. Shri Vishwa Bharti Arya, the petitioner was appointed as District Manager/Senior Manager by direct recruitment in U.P. Sahkari Gram Vikas Bank Ltd. on 11.4.1994. He was promoted as Asstt. General Manager/Regional Manager on 3.3.2000. In the relevant period between 16.4.1996 to 1.7.1998 he was posted as Senior Manager at branch and District Pilibhit.3. The departmental proceedings were initiated against the petitioner on 23.1.1999 by serving upon him a charge-sheet in respect of irregularities in disbursement of loans during his tenure of posting at Pilibhit. In the enquiry report dated 23.1.1999 he was found guilty of only one out of 15 charges and partially guilty of two charges. He was punished with withholding two annual increments with cumulative effect by order dated 29.1.2000. The petitioner preferred an appeal ...
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